Ngcobo SN Inc

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  • 18 Badenhorst Road Blackheath, Randburg
  • 21 Aurora Drive, Umhlanga, Durban
  • Office 6 Cnr Kiewiet & Mossie Str Hiz Place Secunda, 2302
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Ngcobo SN Inc.

She Fell Out of a Safari Vehicle: When Disclaimers Fail

Leave a Comment / Consumer Law, CPA / Contract /

Think a disclaimer will protect your business from liability? Not so fast. Our courts have made it clear that a disclaimer is only enforceable where consent is properly obtained, risks are clearly disclosed, and the wording is specific enough to cover the conduct in question.
These principles matter for businesses operating in high-risk environments, and for consumers who may assume they have signed away more rights than they actually have. A case brought by a woman who fell from her safari vehicle in Botswana illustrates this point.

She Fell Out of a Safari Vehicle: When Disclaimers Fail Read More »

Reckless Lending: You Could Lose Everything

Leave a Comment / Credit Law / NCA /

Before you make a loan to anyone, be sure to comply fully with the strict requirements of the National Credit Act.
If you don’t, you could lose your loan entirely, with a recent High Court decision providing a stark reminder of the consequences. The Court declared a R430,000 loan to have been “reckless lending”, leaving the lender (a family trust) to write off the bulk of its loan, lose a decade’s worth of interest, cancel its security bond over a house, and pay legal costs. Why did that happen and how can you, as a lender, avoid the same fate?

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Buying a House: What Costs Will You Pay, and When?

Leave a Comment / Property /

It’s a really exciting time, buying a house, particularly if it’s your first! Don’t forget, however, that you will have to pay a variety of costs over and above the purchase price. What are those costs and when must you pay them? Do they impact your ability to afford the house you have your eye on?
We’ll address those questions with a checklist of costs you should budget for. It’s a good idea to work these into a cash flow forecast so you aren’t ambushed by any unpleasant financial surprises during the transfer process.

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Director Delinquency Declarations: Managing Your Risk

Leave a Comment / Company / Corporate / Compliance /

The rewards of company directorship come with a caution: the duties and responsibilities imposed on you by the Companies Act need constant management. Drop the ball on that and you could face some seriously negative consequences. We’ll discuss one of those risks – the career-threatening risk of being declared a “delinquent” director – in the context of two recent court judgments which involved large amounts of money, seriously disaffected stakeholders, and 7-year bans from holding any position at director or senior management level. We’ll end by sharing some thoughts on how you can manage those risks.

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Considering Using Sequestration to Recover Levies? Think Again

Leave a Comment / Property /

Unpaid levies can leave body corporates out of pocket and out of patience. When conventional debt recovery feels too slow, sequestration may seem like the obvious next step. But a recent High Court judgment is a reminder that sequestration is not a debt-collection shortcut. The court refused an application by a body corporate that had failed to meet the strict statutory requirements. Before reaching for the nuclear option, body corporates should understand what the law actually requires.

Considering Using Sequestration to Recover Levies? Think Again Read More »